Patna High Court
Md. Suddin @ SudinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- MOHIT KUMAR SHAH
Holding
The petition for regular bail is dismissed as there is no change in circumstances warranting its grant.
Summary
The petitioner, Md. Suddin, sought regular bail in an NDPS case where 50 kg of ganja was seized from his residence. He argued that his prolonged detention since November 2021 violated his Article 21 right to liberty and cited a recent Supreme Court ruling that Section 37 of the NDPS Act does not bar bail even for commercial quantities. The State opposed, contending that bail could be granted only if the court is satisfied of the accused's innocence and that he is unlikely to reoffend. The High Court examined a report from the trial court indicating that most prosecution witnesses had been examined and the trial was progressing towards speedy completion. Considering the unchanged circumstances and the need to ensure the accused's presence, the court found no merit in the bail petition and dismissed it.
Issues considered
- Whether regular bail can be granted under the NDPS Act when a commercial quantity of narcotic substance has been seized
- Whether Section 37 of the NDPS Act bars bail in such cases
- Whether the petitioner’s right to speedy trial under Article 21 is infringed
- Whether the court is satisfied that the accused is not likely to commit an offence while on bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 37
Subjects
- bail
- NDPS Act
- commercial quantity
- Article 21
- speedy trial
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85238 of 2025
Arising Out of PS. Case No.-128 Year-2019 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Md. Suddin @ Sudin S/o Md. Chhotu R/o Village- Fatehpur, Mukeri Tola,
P.S- Industrial Area, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rana Hason, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 16-01-2026 The present petition is by way of fifth attempt at the
behest of the petitioner for grant of regular bail in connection
with NDPS Case No. 31 of 2019, arising out of Industrial Area
P.S. Case No. 128 of 2019, registered for the offence under
Sections 20 and 22 of the Narcotic Drugs and Psychotropic
Substances Act, 1985 inasmuch as all the previous petitions
filed by the petitioner have stood rejected by various earlier
orders.
2. The allegation is regarding recovery of 50 kg. of Ganja
from the house of the petitioner and one another person, namely
Md. Nasrul.
3. The learned counsel for the petitioner submits that the
petitioner is languishing in custody since 25.11.2021 without
there being possibility of conclusion of the trial in near future,
Patna High Court CR. MISC. No.85238 of 2025(3) dt.16-01-2026
2/3
hence the right of the petitioner under Article 21 of the
Constitution of India is being infringed. It is also submitted that
as per the latest judgment of the Hon’ble Apex Court, Section
37 of the NDPS Act, 1985 is not a bar to grant of bail to an
accused from whom commercial quantity of narcotic substance
has been recovered and seized.
4. Per contra, the learned APP for the State has vehemently
opposed the prayer for bail and has submitted that in a case
where commercial quantity of narcotic product is recovered
from the accused, the Court has to be satisfied that firstly there
are reasonable grounds for believing that the accused is not
guilty of such offence and secondly, he is not likely to commit
any offence while he is on bail. Thus, it is difficult for this
Court to assess/believe that the accused is not guilty of such
offence and that he is not likely to commit offence while he is
on bail.
5. This Court vide earlier order dated 05.12.2025 had called
for a report from the learned Trial Court with regard to the
present stage of the trial and the time likely to be consumed in
conclusion of the trial, in pursuance whereof the learned Court
of District and Additional Sessions Judge-XIII, Bhagalpur has
submitted a report dated 09.12.2025, wherein it has been stated
Patna High Court CR. MISC. No.85238 of 2025(3) dt.16-01-2026
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that out of nine charge-sheeted prosecution witnesses, six have
already been examined while the learned Special Public
Prosecutor has been directed to adduce the evidence of the
remaining witnesses and to the said effect summons have been
issued to both the Investigating Officer as also non-bailable
warrant has been issued against the member of the raiding party.
Thus, this Court finds that ample steps are being taken by the
learned Trial Court for speedy conclusion of the trial, hence this
Court has reasons to believe that the right of the petitioner to a
speedy Trial is being attended to.
6. Having regard to the facts and circumstances of the case,
considering the submissions made by the learned counsel for the
petitioner and taking into account the materials available on
record, this Court finds that there is no change in circumstance
so as to warrant re-consideration of the prayer of the petitioner
for grant of bail. Thus the present petition stands dismissed
being bereft of any merit.
(Mohit Kumar Shah, J)
S.Sb/-
U T
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